CONFIDENTIAL
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day in April 1978 (the daily average for the peak year of 1973). The Political Adviser to the Hong Kong Government has very recently sought the co-operation of the Chinse authorities in reducing this flow and there is reason to hope, in the present state of relations with China, that they will respond. We agree with the Hong Kong Government that there is no need for this matter to be taken up at
a higher level at the present stage.
Illegal Immigration
6. For obvious reasons there are no exact statistics for the number of illegal immigrants into Hong Kong from China. But in 1973 some 30,000 people were believed to have entered illegally (in addition to the 56,000 who arrived legally). Concern at the difficulty of absorbing immigrants in such numbers was such that it was decided in November 1974 to reintroduce the policy (suspended at the height of the Cultural Revolution) of returning to China those would-be immigrants who were caught trying to enter illegally. The Chinese authorities accepted this change following informal
discussions at that time.
7. It is estimated that only about 20% of would-be illegal immigrants are caught by the Hong Kong authorities. The remainder reach the urban areas without detection and, once there, are permitted to stay. Moreover, not all of those who are caught are returned to China: each case is treated on its merits. The criteria used in deciding whether to repatriate have not been made public but, in broad terms, illegal immigrants are allowed to remain if there are strong compassionate grounds or if the immigrant's safety would be jeopardized by returning him or her to China.
In
the great majority of cases this latter criterion does not apply. Such evidence as we have (e.g. from secret sources and from would-be immigrants caught making a second attempt after already having been repatriated) suggests that those returned have not suffered unduly harsh treatment. Furthermore, assurances have been given in confidential exchanges with Chinese officials (which cannot be mentioned publicly) that the Chinese authorities normally regard escape to Hong Kong as a civil misdemeanour calling for measures
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CONFIDENTIAL
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